The commission must require a dominant carrier to file tariffs with reduced rates for certain telecommunications services linked to distance learning or library information sharing.
Sec. 57.022. REDUCED RATES FOR DISTANCE LEARNING OR INFORMATION SHARING SERVICES. (a) The commission by rule shall require a dominant carrier to file a tariff that includes a reduced rate for a telecommunications service the commission finds is directly related to: (1) a distance learning activity that is or could be conducted by an educational institution in this state; or (2) an information sharing program that is or could be conducted by a library in this state. (b) The commission rules shall specify: (1) each telecommunications service to which Subsection (a) applies; (2) the process for an educational institution or library to qualify for a reduced rate; (3) the date by which a dominant carrier is required to file a tariff; (4) guidelines and criteria that require the services and reduced rates to further the goals prescribed by Section 57.023; and (5) any other requirement or term that the commission determines to be in the public interest. (c) The commission is not required to determine the long run incremental cost of providing a service before approving a reduced rate for the service. (d) Until cost determination rules are developed and the rates established under this section are changed as necessary to ensure proper cost recovery, the reduced rates established by the commission shall be equal to 75 percent of the otherwise applicable rate. (e) After the commission develops cost determination rules for telecommunications services generally, the commission shall ensure that a reduced rate approved under this section: (1) recovers service-specific long run incremental costs; and (2) avoids subsidizing an educational institution or a library. Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.